SH. SURENDER JOSHI Vs. AMARDEEP MANTAJ SINGH

JUDGEMENT

(1.) THE present appeal is directed against the judgment and decree of the learned Additional District Judge decreeing the suit of the plaintiff for a sum of Rs. 6,53,230/ - with interest @ 10% per annum pendente lite and future.

(2.) SUCCINCTLY stated the case of the respondent/plaintiff as set out in the plaint is that the defendant/appellant is dealing with the purchase and procurement of DEPB licence and under which the appellant/defendant used to purchase the DEPB licence from the respondent/plaintiff from time to time, which were issued to the plaintiff by the Government of India, Ministry of Commerce & Industries. The respondent/plaintiff also received DEPB licence from the appellant/defendant occasionally, for which the respondent/plaintiff was maintaining a running account of the appellant/defendant in respect of the dealings between the parties.

(3.) IN the written statement filed by the appellant in the suit, the appellant denied the claim made by the respondent in toto and submitted that the cheques had been issued as security against purchase of DEPB licences in accordance with the practice that was prevalent between the parties, and the cheque amount used to be adjusted in the running account maintained in the name of the appellant by the respondent against the earnings of the appellant by way of commission, liasioning fee, brokerage and purchase of fabric etc. by the respondent from the appellant. On the pleadings of the parties, the following issues were framed: